Validity of some Church of Ireland marriages in doubt

THE VALIDITY of a number of Church of Ireland marriages is in doubt after it emerged that legal procedures under marriage legislation…

THE VALIDITY of a number of Church of Ireland marriages is in doubt after it emerged that legal procedures under marriage legislation may not have been complied with.

At least six marriages are involved and the couples are taking legal action against the State to have the marriages declared valid.

A marriage may be declared void on a number of grounds including evidence where there has been a "wilful and deliberate" attempt by the parties involved to hold a wedding without obtaining a registrar's certificate or licence.

It is understood that General Register Office - the State body responsible for records relating to births, deaths and marriages - concluded that such procedures were not fully complied with.

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However, the couples claim any such issues were outside their control and that there was no deliberate attempt to flout the State's marriage laws, according to a legal source.

The Church of Ireland has confirmed it was aware of the issue but was not involved in the legal actions.

"As the church is not a party to the cases involved and the matter is sub judice, we are unable to comment," a Church of Ireland spokesman said.

The General Register Office also declined to comment except to say that matter is being "resolved".

A legal source said the legal issues regarding the Church of Ireland marriages came under old marriage legislation, which was replaced last year by the Civil Registration Act.

The General Register Office is facing another legal case from a couple who are seeking an order that their proxy marriage which took place in Sudan is entitled to recognition by the State.

The case will be heard before the Circuit Family Court, which is closed to members of the public and the media.

Proxy marriages - where one party in the marriage is not present at the time of the ceremony - are recognised in a number of jurisdictions around the world. However, the issue of whether these forms of marriages are legal in Ireland has not been tested in the courts.

A further and potentially more significant issue being dealt with by office is the recognition of whether to recognise customary marriages.

These include marriages which occur on the basis of traditions or laws in families. Many also allow for a partner to have more than one wife, which is illegal under Irish law. Customary marriages are recognised in countries such as South Africa.